NALC has scored a significant victory in national arbitration involving the authority of regular panel arbitrators to provide a remedy when the Postal Service wrongfully causes a letter carrier to lose accrued annual leave.
In an award issued Feb. 3, 2016, National Arbitrator Dennis Nolan has rejected the Postal Service’s attempt to set a nationwide limit on the remedial authority of regular panel arbitrators based on the 440 hour annual leave carryover limit set forth in Section 512.32 of the Employee and Labor Relations Manual.
In a case originating in Concord, CA, NALC had argued that an injured letter carrier, who was denied limited duty, was entitled to compensation for all lost annual leave, even if the amount awarded exceeded the 440-hour limit.
The Postal Service appealed the case to the national level and asked the arbitrator to rule that any such remedy would be inappropriate in all cases.
Consistent with NALC’s position, Nolan refused the Postal Service’s request and remanded the matter to regular arbitration for consideration of NALC’s remedy request, based on the particular facts presented.